Cole v. Lee
Supreme Judicial Court of Maine
Covenant broken. The declaration contained several counts; one upon the covenants in a mortgage deed of land from the defendant to the plaintiff, dated November 21, 1837, and another upon the covenants in a quitclaim deed from the defendant to the plaintiff", dated October 5, 1843. At the trial, before Howard, J., the plaintiff offered a registered copy of a mortgage, made May 14, 1836, from the defendant to one Nickerson, with an assignment thereof to Jabez Snow, made in…
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Covenant broken. The declaration contained several counts; one upon the covenants in a mortgage deed of land from the defendant to the plaintiff, dated November 21, 1837, and another upon the covenants in a quitclaim deed from the defendant to the plaintiff", dated October 5, 1843. At the trial, before Howard, J., the plaintiff offered a registered copy of a mortgage, made May 14, 1836, from the defendant to one Nickerson, with an assignment thereof to Jabez Snow, made in March, 1837, together with the notes secured thereby ; also a mortgage deed, with covenants of general warranty, made Nov.…
1Opinion of the CourtTenney, J.
— The first two counts in the writ, are for the breach of the covenant in the defendant’s deed to the plaintiff, of October 5,1843; and the breach assigned is the outstanding mortgage to Nehemiah K. Nickerson, dated May 14, 1836, which it is alleged, covers the same premises. And it is further alleged in one of these counts, that there was at the time of executing the deed of October 5, 1843, a mortgage previously given to Nickerson, which existed at the date of the writ, an incumbrance upon the land. And in another count it is alleged, that the mortgage to Nickerson was assigned to one Jabez…
2Cases cited1 opinion
- Ellis v. WelchMassachusetts Supreme Judicial Court · 1810
3Cited by1 opinion
- Smith v. EigermanIndiana Court of Appeals · 1892